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On March 5, 2008, a three judge panel of the Sixth Circuit Court of Appeals unanimously upheld the district court ruling to strike Ohio's law banning per-signature payments. [1] Judge David McKeague wrote: As with the law in general, 1 the First Amendment is a jealous mistress. It enables the people to exchange ideas (popular and unpopular ...
The Supreme Court has largely interpreted the Petition Clause as coextensive with the Free Speech Clause of the First Amendment, but in its 2010 decision in Borough of Duryea v. Guarnieri (2010) it acknowledged that there may be differences between the two: This case arises under the Petition Clause, not the Speech Clause.
Ohio is a "sealing" state [44] Sealing allows eligible offenders to petition the court for the sealing of a conviction record, or the record of a case resulting in an acquittal, no-bill, or dismissal of the criminal charges. [45]
The US Supreme Court precedent on ballot access laws cases has been conflicting. [58] In Williams v. Rhodes (1969) the court struck down Ohio's ballot access laws on First and Fourteenth Amendment grounds. During the 1970s the Supreme Court upheld strict ballot access laws, with a 'compelling State interest' being the "preservation of the ...
The Ohio Court of Claims is a court of limited, statewide jurisdiction. The court's jurisdiction extends to matters in which the State of Ohio is a party and the state has waived its sovereign immunity by statute, and also hears appeals from decisions made by the Ohio Attorney General on claims allowed under the Victims of Crime Act.
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Defendants may remove state law claims for which a federal court has only supplemental jurisdiction, if they share a common nucleus of operative fact with claims based on federal law. The federal court has the discretion to accept the case as a whole or remand the issues of state law, however the court must apply state substantive law to state ...
Because United States habeas corpus law requires petitioners for writs of habeas corpus to have exhausted state court remedies if they were convicted by a state court, habeas petitioners must first file a petition for review in the highest court in the state in which they were convicted, and raise all applicable issues, before filing a petition ...
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